Privacy Is Dead

April 9, 2018

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Privacy Is Dead

A two judge panel of the United States Court of Appeals for the Eleventh Circuit ruled against three members of the American Outlaws Association in Florida last week, in a three-year-old dispute over whether their driver’s license photos could be legally used as anti-biker propaganda by police.

Charles R. Wilson and Susan H. Black agreed with Middle District of Florida judge Harvey E. Schlesinger that the distribution of the drivers license photographs of three Outlaws named Tracy Gil Osteen, Leslie Baas and Doyle Napier, in order to alarm state legislators into voting against a proposed law that would have allowed the open carry of firearms, did not violate a federal law known as the Driver’s Privacy Protection Act.

The Orange County Sheriff’s Department opposed 2011 State Bill 234 because it thought the open carry of guns would hurt tourism. The law would have allowed anyone with a concealed carry permit to openly carry firearms. At the time, about 800,000 Floridians had concealed carry permits. A Sheriff’s Captain named Mike Fewless, who worked as a lobbyist for the Sheriff’s Department, asked John McMahon, a gang investigator in the Sheriff’s Intelligence Unit, to find scary driver’s license photos of motorcycle club members to show legislators,

Bikers From Hell

So then Fewless asked if McMahon “was aware of any motorcycle club members that had concealed weapons permits.” McMahon said he didn’t but he did send Fewless driver’s license photos and additional information for 17 motorcycle club members who held concealed carry permits. The men were members of the Mongols, Outcasts, Outlaws, Pagans and Warlocks Motorcycle Clubs. None of them were convicted felons or were legally disqualified from carrying concealed firearms. Then Fewless distributed the photographs of seven of the men to state politicians.

“I actually stopped by everyone of you guys’ office this morning and dropped off…photographs of some biker outlaw gang guys that have concealed firearm permits. Those are the ones we’re worried about carrying,” Fewless wrote. “Please defeat this terrible bill.” The bill did not pass.

The Driver’s Privacy Protection Act of 1994 forbids the disclosure of personal information gathered by state Departments of Motor Vehicles.

Large Print Giveth

Osteen, Baas and Napier, and their attorney Jerry Theophilopoulos, thought McMahon and Fewless had broken the law. In a brief last year they argued:

“To start with, it is undisputed the disclosure of the plaintiffs’ driver’s license photographs had nothing to do with any criminal behavior on the part of the plaintiffs which might be a legitimate subject of legislative or public interest, let alone law enforcement inquiry,” the brief said. “Indeed, the disclosure had nothing whatsoever to do with the plaintiffs at all but rather had the admitted purpose of propagating a ‘counter-stereotype’ to rebut a stereotype utilized in lobbying efforts by a pro-gun lobbyist with no affiliation to the plaintiffs that an open carry bill would benefit ‘bankers and executives’ who might be charged with a crime if the concealed weapons they were carrying were accidentally exposed. To put it succinctly, the defendants (Fewless and McMahon), with the intention of creating ‘poster children’ for denial of a bill the defendants disliked, took it upon themselves to expose the ‘highly protected’ information of private persons who were believed to be law abiding … based upon a non-criminal private association (i.e. motorcycle club membership) and, most outrageously, the stupefyingly superficial criterion of an ‘intimidating’ appearance in the opinion of the officers.”

Small Print Taketh Away

But district judge Schlesinger disagreed. He decided that a “Government Function Exception” which permits disclosure of personal information for “use by any government agency, including any court or law enforcement agency, in carrying out its functions…” applied to lobbying efforts by police and dismissed Osteen, Baas and Napier’s complaint.

“The chief question,” as seen by the appeals judges, was “whether lobbying by a government agent constitutes a government function within the meaning of the Government Function Exception.” They decided it did.

The case doesn’t look like a candidate for an appeal to the Supreme Court. So, for the foreseeable future the Eleventh Circuit’s ruling will stand. A cop can use your worst ever driver’s license photo to convince any politician that you are one of the people his parents warned him about. And, it is all perfectly legal.

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15 Responses to “Privacy Is Dead”

  1. david Says:

    as further proof of privacy evaporation, the FBI with complete approval by the DO-“Justice”, recently conducted a raid(read:theft) on attorney Cohen’s office AND home, taking everything the bastards could carry. Cohen is Trump’s attorney.

    Owned property computer discs and written material, formerly considered exempt from confiscation by pigs due to attorney-client privilege, were seized with the lame DOJ policy(read:excuse)to prevent property destruction by the person owning said property.

    Attorney Cohen represents many clients not just one, and the seizure of ALL Cohen’s clients information is now in the hands of both the FBI and prosecuting attorneys working at the dept. of injustice.

    At this point in time after the FBI’s latest actions, any attorney hired by ANYONE for ANY reason, might have his or hers files stolen by the pigs,with the attorney and his clients fighting to retain some control over what documents can be seen and/or used against them in court. And this would include EVERY CLIENT paying the fucking attorney for ANY services.

    And someone “should hire an attorney” ?

  2. Rock Says:

    Tune in next week folks when the government begins selling access to your DL pictures as a way to “defer operating costs” or some other bullshit excuse to out people they don’t like. Liberals are after your everything!

  3. david Says:

    The fact which was not argued by attorney Jerry Theophilopoulos, despite the so- called “Drivers Privacy Protection Act” of ’94, is state government issued drivers licenses belong to the Secretary of State of the individual states, not the drivers to whom they are issued.The photos are owned also.

    State con-artists are able to rescind, revoke and demand drivers return the license, at any time,because the Secretary of State owns them.

    The two appeals court “judges” AND Theophilopoulos know who owns what,yet in order to keep the scam facts from the public, they argue and rule on anything else.

    2) Many Secretary of State office-holders regularly SELL the license info. to various businesses for gov. profit. And other herd owners milk their dairy cows twice a day.

  4. Shiny Says:

    @MtPockets,

    Cell phones are constantly pinging the nearest towers (invisible to users)adn this data is stored by the cell phone companies. So wherever you go, there is a data trail. In a group and everyone has cell phones with them? Tower data puts you all there together. Cops want to know who was where, when, with whom, and for how long? Yup, it’s all there… and LEO don’t need a warrant to get the data – just a subpoena.

    Solution? Mission Dark Faraday Bag, Amazon, $18.99, prime shipping. Get two. Keep your main phone in one at all times unless at home. Have your pre-paid (which you bought with cash 2 months ago 3 states away) in a separate bag and use that one while on the road. NEVER have them both turned on and out of the bags at the same time, in the same place. Ties them to a single person. PITA but worth it.

    And if everyone in your group does this, you are much harder to track.

  5. James Crawford Says:

    Although I do not even ride a motorcycle, I expect that they will soon use my drivers license photo for similar propaganda in Oregon. I once had a Clackamas County Sheriff’s Deputy loose bowel control as well as bladder control on my back porch before he bravely ran away. It reminded me of the scene in Monty Python and the Holy Grail when Brave Sir Robin meets the three headed giant.

  6. Gandalf Says:

    I know most of you guys don’t give a fuck about what LE thinks about how you look. I understand and it is honorable. As for myself I’m thinking when a cop pulls me over he only gets a quick look at me when He gets my License. But He will be staring at my DL Pic while he decides what to do with me. One day I’m going to wear a Priest collar to the DMV for my pic. LOL It ain’t like I’m scared of LE (He lied) but I don’t want to go on the “ride” Jeff Pike told us about and is on right now.

    If I might make a suggestion all Y’all should look as timid as possible for your DMV Pic. Haircut, I-Zod shirt ect. That way when some detective gets a report that your up to no good (either true or false) when He searches you for the 1st time he will be looking at a dork. But Hey, That’s just me. While 1%ers taught me not to never rat and STFU etc. Italians taught me to look like a dork. In the end LE ain’t putting out your DL pic… or your FB pic. They will put out whatever makes you look “the part.” I have no love for pedophiles and have stomped more than my fair share in Prison… but I can’t help to notice every time some idiot gets charged with Child porn or whatever they ALWAYS look the part in the News. LE pics and choses the Picture they want to “put out”. Usually it’s the Mug shot after they put you through the ringer a few times. “A pic is worth a 1,000 words.” YOU have to decide what those words will be… as best you can.

  7. Penguin Says:

    The demolition of 4 buildings in NYC was designed, and did, enable the already-prepared “Patriot Act”. That set of laws and changes to laws was the “enabling event” such that the government claims the “right” to murder anybody any time = and they do.

    Of course there can be no privacy after that, I mean, if you’re dead what does a right to privacy mean?

    I posted this url previously. http://thefreethoughtproject.com/supreme-court-rules-cops-can-kill-non-threatening-people-without-warning-scared/

    The url established that cops are free to shoot you in your own yard without warning, and do it from a distance…so like you are having abeer with the OL in the garden and…bang! So much for privacy. Next time maybe at 100 yards with a .30 cal sniper rifle? Sure…that was how they did MLK.

  8. Iron Rider Says:

    I am sure if this was a member of the public that had a concealed carry permit and had their DL picture used the uproar would have been louder, but someone who belongs to an MC..well we see how that works. Privacy and peoples rights are being trampled on eroded more and more, and politicians and the courts are more than willing to give Law Enforcement and the Justice system a pass when they do break the law

  9. MtPockets Says:

    +1 Filburt

    The bikes an 81, newest pickup is a 98 for just that reason.
    And the cell phone? Yeah, I gotta admit to using it too much. Keep wishing I could use it as a skipping rock and go back to the phone you walked over to the wall to answer.

    Respect to the deserving and especially Rebel.

  10. Filburt Says:

    Since 1990 privacy and the Fouth Amendment gone… if, you use a cell phone all conversation and text stored by big brother. All cell phones have X,Y and Z location ability. So, that means big brother knows your location too. The moral to this story don’t use a cell phone. Oh, almost forgot all new bikes electronics can be tracked just like a cell phone.

  11. tiopirata Says:

    @ Paladin
    We may be part of a majority? That would be something

  12. Stlrzfan Says:

    @Paladin
    Well said. It is coming.
    #ImTheMajority
    https://www.youtube.com/watch?v=Lsu6CIZkthc

  13. Paladin Says:

    …. convince any politician that you are one of the people his parents warned him about.”

    If judges and politicians don’t change their ways, the time will soon come when they have to face off against a good many people that the Constitution and the Bill of Rights warned them about.

    Paladin

  14. SKREEECH Says:

    Damn… even Helen Keller could see that ain’t right.

    v/r,
    SKREEECH

  15. Oregon Moose Says:

    No disrespect AR, but privacy has been dead for quite a while now. It was called The Patriot Act. The more I think about the acronym TOSIAR, the more I think it’s got some real validity….

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